Daniel J. Davis

Dan is Board Certified in Commercial Real Estate Law by the Texas Board of Legal Specialization. Dan has been practicing law since 1985. His primary practice areas are Real Estate Law, Business/Contract Law and Probate Law. He is a transaction/office practice lawyer, not a trial lawyer. He graduated with his Juris Doctor from St. Mary's University of San Antonio in 1985 which included membership in Phi Delta Phi, an honors legal fraternity. In 1976, he graduated from the University of Dallas with a Bachelor of Arts in Political Philosophy. As Director of Undergraduate Admissions for the University of Dallas prior to law school, Dan gained a great deal of management and business skills. He has honed these skills further as the owner of a service business outside his law practice which he believes enhances his advice to his business clients. His memberships include the Corpus Christi Bar Association, the State Bar of Texas, section membership in the Real Property, Probate and Trust Law section of the State Bar. Dan was born in Chicago , Illinois in1954.

St. Mary's University

Doctor of Jurisprudence/Juris Doctor (J.D.)

1985

Commercial Real Estate Law

Texas State Bar

Texas State Bar  # 05475900

Member

1985 - Current

Texas

Since 1985

• Rates, Retainers and Additional Information
  I bill hourly for my services and I require a retainer from new clients for initial services.

Business Law

Business Contracts, Business Dissolution, Business Finance, Business Formation, Business Litigation, Franchising, Mergers & Acquisitions, Partnership & Shareholder Disputes

Probate

Probate Administration, Probate Litigation, Will Contests

Real Estate Law

Commercial Real Estate, Condominiums, Easements, Eminent Domain, Homeowners Association, Land Use & Zoning, Mortgages, Neighbor Disputes, Residential Real Estate, Water Law

Q. Father died recently. There was no will. Will we need a lawyer to procede in probate court. There are 3 siblings.

3 January 2014

A: More information is need to fully answer this question, but the short answer is "no", you may proceed through the probate process without a lawyer. It is referred to a filing "pro se." The process is mostly guided/controlled by the laws in the Texas Probate Code. Having stated that, I have to say I think it would typically be a mistake to not hire a lawyer through the probate process, especially if a parent dies without a Will. There are different types of probate approaches when a person dies without a Will (Intestacy). An heirship affidavit, a small estate affidavit (recommended if the situation qualifies), an heirship proceeding, an independent administration or a dependent administration (if there are estate debts difficult to pay). In your situation, is you mother still alive? If so, did your father have children from other marriages (it makes a difference and effects how property is inherited)? What type of property (real and personal) did your father have when he died? In most, if not all Texas counties, the Court will require that an attorney ad litem be appointed when a person dies without a Will and you seek a probate administration. Another factor in how to proceed is how long ago your father died. If he died more than four years ago, his estate is no longer eligible to have an administrator appointed. Those are some of your initial considerations.

View More Answers ›